(A) Purpose. The major purposes of the Adult Uses Overlay District and the adult uses licensing and performance standards are:
(1) To provide space for the location of sexually oriented businesses in appropriately zoned districts within the land use jurisdiction of the county;
(2) To separate sexually oriented businesses from areas in which children and other persons who are particularly vulnerable to crime may be expected to frequent;
(3) To minimize the negative impact of traffic, glare and noise generated by the normal operation of sexually oriented businesses on adjacent properties; and
(4) To minimize any potential negative impact on the value and marketability of land adjacent to sexually oriented businesses.
(1) ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse facilities, adult enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.
(2) ADULT BOOKSTORES. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape or motion picture film if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas or the barter, rental or sale of instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities. “Substantial or significant portion of items”, for purposes of this chapter, shall mean more than 15% of usable floor area.
(3) ADULT CABARET. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT HEALTH/SPORTS CLUB. A health/sports club which excludes minor by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) ADULT MASSAGE PARLOR. A massage parlor which restricts minors by reason of age, or which provides the service of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(7) ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
(8) ADULT MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
(9) ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(10) NUDE or SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered:
1. Human genitals;
2. Pubic region;
3. Buttocks; and
4. Female breast below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if complete and opaquely covered.
(11) SPECIFIED SEXUAL ACTIVITIES.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
(C) Permitted uses. All the activities defined in division (B) above, to the extent not otherwise restricted by law.
(D) The district area. The Adult Uses Overlay District shall apply to all lands within the jurisdiction of the county shown on the zoning maps and designated General Industry (I-1), Highway Business (B-1) and General Business (B-2) as of 12-31-2004. Any rezoning for the expansion of the I-1, B-1 or B-2 Districts after 12-31-2004, shall not expand the area of the Adult Uses Overlay District, unless that intent is expressly made in the amending ordinance.
(E) Prohibited uses. Adult uses shall not be established or maintained as permitted, conditional, interim, or accessory uses in any area other than those described and designated in the Adult Uses Overlay District.
(F) Adult use distance requirements.
(1) No adult use shall be located within 1,000 feet of:
(a) Any area zoned R-1, R-2, R-2a or R-3;
(b) Any school, public or private, that meets the definition in M.S. § 120A.05, subd. 9, 11, 13 and 17, as they may be amended from time to time;
(c) Any church, as defined in § 155.003(B) of this chapter;
(d) Any day care facility that provides for the periodic care of four or more children, while parents or guardians are absent, licensed by the county or the state; or, any residential or non-residential program, as defined in M.S. § 245A.02, as it may be amended from time to time;
(e) Any hotel or motel; and
(f) Any public park.
(2) Distances shall be measured from the nearest point of the property line where the adult use establishment is located to the nearest property line of one of the above listed facilities, or to the nearest boundary of the indicated residential district, whichever is greatest.
(G) Amortization of non-conforming uses. Adult uses legally established prior to the enactment of this chapter provision shall be permitted and regulated as non-conforming uses until 12-31-2007 at which time said uses shall be unlawful.
(H) Additional requirements and restrictions.
(1) Additional requirements. The requirements and standards of this section shall apply to all adult uses in the Adult Overlay Zoning District. These requirements and standards are in addition to those of the underlying I-1, B-1 and B-2 Zoning Districts. Minimum setbacks from roads, building bulk limitations, as well as minimum lot and building dimensions shall be determined by referring to the specific standards set forth in the underlying zoning district. In the event of a conflict between provisions listed in this section and those listed in other appropriate sections of this chapter, the more restrictive provisions shall apply.
(2) Alcohol. Alcoholic beverages shall not be provided, sold, purchased or consumed at any adult establishment where adult uses exist, as defined in division (B) above, nor within 500 feet of the building or structure housing said adult use.
(3) Licensing. The licensing provisions of § 155.136 of this chapter apply to adult uses as specified.
(Ord. 23-1, passed 5-2-2023)